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Abner J Mikva — Part 1
Page 238
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6) [sy 222 East Chestnut Street Corporation.
This matter involved protracted lit ve’ appeals.
I was the lead counsel representingh real
estate developer of a high rise apartment building in the city
of Chicago. The action began with our request for a variation
from the zoning laws of Chicago. The variation was granted by
the Zoning Board and the 222 East Chestnut Street Corporation,
which had intervened before the Zoning Board, obtained a stay .
against proceeding with the building, pending an appeal of the
Zoning Board decision to the Illinois Supreme Court. The
Illinois Supreme Court ultimately vacated the stay and dismissed
the appeal. 10 I11. 2d 132, 139 N. E. 2d 218 (1956) The
intervenors then filed a state court injunction.:suit which was
finally dismissed by the Appellate Court of Illinois. The
intervenors then filed a federal court injunction suit which
was finally dismissed by the Court of Appeals for the 7th
Circuit. 253 F. 2d 484 (1958), cert. den., 358 U.S. 827 (1958),
reh. den., 358-.U.S. 901 (1958) I then filed a malicious prosecu-
tion suit on behalf of my client in federal court, claiming the
initial intervention and efforts had been based on improper
motives. The Federal District Court dismissed that cause of
action, but the Court of Appeals reversed the trial court and
remanded it for trial. 267 F. 2d 247 (C.A. 7, 1959), cert. den.
361 U.S. 836 (1959) The trial was then held before a jury,
including a full prove-up of damages arising from the delays caused
by 222 East Chestnut Street Corporation. The suit was against both
the Chestnut Street Corporation and the bonding company which
had issued the bond for the original stay. A verdict was entered
in favor of the plaintiff and was affirmed in part and remanded
by the Court of Appeals. 303 F. 2d 630 (1962). Certiorari was
denied by the U.S. Supreme Court. 371 U.S. 935 (1962) On remand
the Federal District Court, after trying the case before the jury,
directed a verdict agains I took an appeal to the b6
Court of Appeals, which reversed the trial court and remanded bic
the case to the trial court. 353 F. 2d 680 (C.A. 7, 1965)
Certiorari was denied by the U.S. Supreme Court. 384 U.S. 938
(1966) The 222 East Chestnut orporation finally agreed
to pay substantial damages tof The litigation occurred
over a 10 year period.and remains a classic in the use of the
appellate process in a commercial dispute. The trial judge in
the malicious prosecution actions was Judge Joseph Samue] Perry,
U.S. District Court, Northern District of Illinois, Eastern
Division, 219 S. Dearborn St., Chicago, Il1., 60604, Room 2525,
312-435-5632. Opposing counsel throughout these matters
Ppl
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